Gain expert guidance tailored for legal practitioners dealing with Scottish property law. Utilize our resources to address landlord-tenant conflicts, boundary disputes, and land registration issues, ensuring efficient and effective handling of any property dispute in Scotland. Access detailed case law analyses, practical advice, and legislative updates to keep abreast of developments in your practice.
Lewisham Council has launched an intelligence-led taskforce to identify non-compliant landlords through data analysis, local intelligence and targeted...
This week's edition of Property Disputes weekly highlights includes: the SRA’s warning notice addressing AI misuse risks for solicitors and law firms,...
Restructuring & Insolvency analysis: In Together Commercial Finance Ltd v Slack, the High Court held that Law of Property Act receivers could sell a...
The Master of the Rolls, Sir Geoffrey Vos, delivered the John Lehane Memorial Lecture at the Supreme Court of New South Wales, addressing the...
Private nuisance—general principlesWhat situations can give rise to a claim?Private nuisance is a ‘violation of real property rights’. It involves...
Occupiers’ liabilityOccupiers' Liability Act 1957Under the Occupiers' Liability Act 1957 (OLA 1957), an occupier of property owes a common law duty of...
Specific performance of property agreementsIf a party to a property agreement fails to comply with its obligations, the other party may wish to apply...
Forfeiture of a leaseWhen can a landlord exercise the right to forfeit a lease?Forfeiture is a landlord’s right to bring a lease to an end as a result...
Breach of Missives—remedies in ScotlandMissivesThe most common form of contract in Scottish property transactions are missives of sale, see for example, the Property Standardisation (PSG) PSG—Offers.The contract is formed by parties (or more commonly their agents) exchanging letters of offer and
What is the difference between an appeal and a review?What is an appeal?An appeal in insolvency proceedings is no different to an appeal in normal litigation. An appeal will be allowed only if the appeal court is satisfied that the decision of the lower court was 'wrong' or 'unjust because of a
If a beneficiary signs a deed of disclaimer of their share of an estate and the estate pays their legal fees, will that count as a PET against their estate?A disclaimer is the refusal of a gift prior to acceptance. The refusal of the gift must take place before the beneficiary accepts any benefit
Can shares in a limited company that have not been paid-up at all be cancelled?A limited company having a share capital may not alter that share capital, except in the ways listed in section 617 of the Companies Act 2006 (CA 2006). Shares in a company cannot simply be cancelled without following an
0330 161 1234